The Supreme Court Shaping the Future of Athletes, Lawmakers, and Businesspeople from High School to College Sports

The Supreme Court of the United States is now allowing college athletes to be compensated for their name, image, and likeness. As stated by Justice Kavanaugh “The NCAA is not above the law.”[i] The ability to have a Supreme Court Justice state this message is a huge win for high school athletes planning to pursue athletics in college. Additionally, Justice Kavanaugh states “the NCAA couches its arguments for not paying student-athletes in innocuous labels. But the labels cannot disguise the reality: The NCAA’s business model would be flatly illegal in almost any other industry in America.”[ii]

Now that high school athletes will be facing a new playing field of being able to receive compensation when they attend college, how do they go about this? High school athletes that do plan to play college sports need better preparedness for the new business model, the NCAA will be instituting to compensate athletes. With imminent laws allowing college players to make money off their name, image, and likeness, most schools are in an arms race, hiring third-party companies to act as consultants in content creation, education, and compliance. This is extremely important for students as businesses can now enter into contracts with high school students for when they go out and become athletes at colleges. To be prepared for this, high school students will need to take courses or be given instruction to understand their role in the business. It is well known that a lot of musical artists who sign contracts do not have proper representation at times and end up getting scammed out of the compensation they earned, because of the inability to understand contractual agreements. Which is not the fault of the musical artist. High schools athletes and their parents will now take on a larger responsibility in ensuring that the athletes who are being represented by a company, while they are athletes in college, are properly equipped with the knowledge to receive just compensation from their name, image, and likeness.

The way that high school athletes can be prepared for the new business model of receiving compensation from their name, image, and likeness is by requiring high schools to teach about the new laws in their sports courses. In the state of Texas, the majority of public high schools require their athletes to take a course of the sport they play on their schedule. This is done to give the students physical education credit. During this course, the Texas education system should instruct the teachers/coaches of this course to teach the high school athletes about the new law of getting compensation in college. Additionally, in that same course, the Texas education system should instruct the teachers/coaches to teach the high school students about personal and business finance. This will set the high school athletes up for a better chance of success when being compensated in college as an athlete.

High school athletes need to understand their place in the new business model and need to understand how to go about receiving compensation in college and not get lost within it. As stated by a father of a high school athlete “How are we going to protect them? … How are we going to make it about the purity of the game?”[iii] This reiterates the importance of educating the high school athletes before the college of the new business model they are about to enter into. Additionally, this is a great opportunity to educate high school-age students who have an interest in the legal and financial side of sports, ways of understanding the college athlete’s compensation model to create ways they may influence athletes to make the best choices for themselves. Many avenues may implememnted to help benefit the high school athletes that want to play college sports and have the potential to earn compensation from doing so. It is the job of lawmakers and the state education systems to apply those avenues to create a better future for these future college athletes, lawyers, and businesspeople.

[i] Dan Murphy, Supreme Court unanimously sides with former college players in dispute with NCAA about compensation, ESPN, https://www.espn.com/college-sports/story/_/id/31679946/supreme-court-sides-former-players-dispute-ncaa-compensation.

[ii] Id.

[iii] Roman Stubbs, High school sports will feel the impact of NIL changes. For some, that’s cause for concern., Wash Post: High School Sports, https://www.washingtonpost.com/sports/2021/06/21/nil-changes-high-school-sports/.